The Weekly Law Reports
[2016] 2 WLR 247
Court of Appeal
Mohammed (Serdar)
v
Ministry of Defence
Qasim and others v Secretary of State for Defence
Rahmatullah v Ministry of Defence and another
Iraqi Civilians v Ministry of Defence and another
[2015] EWCA Civ 843
2015 Feb 9–
13;
July 30
Lord Thomas of Cwmgiedd CJ, Lloyd-Jones, Beatson LJJ
Conflict of laws— Sovereign immunity— Act of state— Foreign claimants arrested and detained by HM Armed Forces acting abroad— Claimants’ claims in tort for damages for unlawful detention— Whether claims non-justiciable— Whether act of state defence available to bar claims—
Crown Proceedings Act 1947 (10 & 11 Geo 6, c 44), s 2(1)[1]
Human rights— Liberty— Interference with— Afghan claimants arrested and detained for more than 96 hours by HM Armed Forces acting in Afghanistan— Whether such detention lawful under Afghan law, United Nations Security Council resolution or international humanitarian law— Whether international humanitarian law providing any authority to detain in internationalised non-international armed conflict— Whether procedural requirements of Convention right to liberty modified during such conflict— Whether claimants’ detention breaching rights to liberty—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5[2]